ALEX Vs. THE KERALA STATE ELECTION COMMISSION

JUDGEMENT

(1.) Writ petition has been filed challenging order dated 1/3/2014 in OP No.47/2013 of the Kerala State Election Commission (Ext.P3) by the petitioner in OP No.47/2013. He alleged that the 2nd respondent herein has incurred disqualification as provided under Section 91(1)(f) of the Kerala Municipality Act, 1994 (hereinafter referred to as 'the Act') and thereby disqualified from holding the office of Councillor of Aluva Municipality representing ward No.8.

(2.) The petitioner preferred a complaint before the Election Commission inter alia stating that the 2nd respondent entered into an agreement on 7/10/2012 with the Secretary of the Municipality whereby a charge was created in the property of the 2nd respondent which was offered as security for repayment of the amounts advanced for the work undertaken by the Sreekrishna Swamy Temple Advisory Ad hoc Committee. It is alleged that the said Committee is not a registered body and the fact that 2nd respondent has an interest in the said body, which has entered into an agreement with the Municipality, clearly amounts to disqualification in terms of Section 91(1)(f) of the Act.

(3.) The 2nd respondent filed a counter affidavit inter alia stating that in 2012, there arose a situation where the contractors declined to undertake the work of construction of the temporary pedestrian bridge across river Periyar in connection with Sivarathri festival. Due to urgency of the matter, Municipality requested the ad hoc committee to take over the construction. It is to tide over the situation and as directed by the High Court as per order dated 10/2/2012 in DBP No.29/2009 that the Committee took over construction of the foot over bridge and completed the same. The 2nd respondent was the President of the ad hoc committee and she stated that she had no individual profit motive or other contractual interest in the matter. She also contended that her actions were exempted in terms of Rule 3(iii) of the Kerala Municipality (Removal of Disqualification of Candidates and Councillors in Certain Matters) Rules, 1995 (hereinafter referred to as 'the Rules').